The Tamil Nadu Devadasis (Prevention of Dedication) Act, 1947

The Tamil Nadu Devadasis (Prevention of Dedication) Act, 1947

Act 31 of 1947

Keyword(s):

Dedication, Devadasi, Woman

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^ T^Ni'^ctixXI] DevadaJ^^revention lOC^ ' ^ ^ .

of Dedication) i

‘[TAMIL NADU] ACT No. XXXI OF 1947.* | 7

/ (Thi '[Tamil Nadu] Devadasis (Prevention or |

Dedication) Act, 1947.)^

v , ' .1

(Received the assent of the Governor-General on the I j

11th J amtary 1948 ; first published in the Fort St. j

George Gazette on the 21th January 1948.) j

An Act to prevent the dedication of women as
devadasis in the 3[State or Tamil Nadu].

Whereas the practice sttll prevails in certain parts
of the 3[State of Tamil Nadu] of dedicating women
as “devadasis” to Hindu deities, idols, objects of
worship, temples and other religious institutions ;

And whereas such practice, however ancient and pure
in its origin, leads many of the women ho dedicated
to a life of prostitution;

And whereas it is necessary to put an end to th.
practice; It is hereby enacted as follows : —

1. (1) This Act may be called the 1 [Tamil Nadu] sh«rt titl. and
Devadasis (Prevention of Dedication) Act, 1947- extent.

l These words were substituted for the word “ Madras ” by
the Tamil Nadu Adaptation of Laws Order, 1969, as amended by
the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.

a For Statement of Objects and Reasons, see Fort St . George
Gazette , dated the 22nd July 1947, Fart IV- A, page 131.

This Act was extended to the merged State of Pudukkottai by
section 3 of, and the First Schedule to, the Tamil Nadu Merged
States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).

This Act was extended to the Kanyakumari district and the
Shencottah taluk of the Tirunelveli district by section 3 of, and the
Schedule to, the Tamil Nadu (Transferred Territory) Extension
of Laws Act* 1957 (Tamil Nadu Act XXII of 1957).

* This expression was substituted for the expression “Province
of Madras1* by the Tamil Nadu Adaptation f>f Laws Order, 1970,
which was deemed to have come into force on the 14th January
1969. U

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TJ*. Act XXXI

■ %0%Dedicatiori)

(2) It extends to the whole of the ‘[State of
Tamil Nadu].

2. In this Act, unless there is anything repugnant
in the subject or context —

(a) “dedication ” means the performance of
any ceremony, by whatever name called, by which
a woman is dedicated to the service of a Hindu deity,
idol, object of worship, temple or other religious insti-
tution, and includes ‘ pottukattu \ ", gajjepuja ’, ‘mudri\
and dancing by * Kumbhaharathy ’ ;

( b ) “ devadasi ” means any woman so dedica-
ted ;

(c) “ woman ” means a female of any age.

3. (l)The dedication of a woman as a devadasi,
whether before or after the commencement of this
Act and whether she has consented to such dedication
or not, is hereby declared unlawful and void ; and
any woman so dedicated shall not thereby be deemed
to have become incapable of entering into a valid
marriage.

Nothing contained in this sub-section shall be
deemed to affect the operation of 2[section 34 of the Madras
Madras Hindu Religious and Charitable Endowments Act
Act, 1951*] or the rights to which a devadasi is XtX of
entitled under that section. "J'‘

4 This expression was substituted for the expression “State of
Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as
amended by the Tamil Nadu Adaptation of Laws (Second
Amendment) Order, 1969.

a These words and figures were substituted for the vords,
figures and letter 41 section 44- A of the Madras Hindu Religious
Endowments Act, 1926 99 by section 4 of, and the Third Schedule
to, the Tamil Nadu Repealing and Amending Act, 1967 (Tamil
Nadt^Act XXV Of 1957).

fc^^-no4.th^ Tamil' Nadu Hindu Religious and Charitable

Nadu Act 22 of 1959), section 40.

1947: T.N. Act XXXI] Devadasis {Prevention 1011

of Dedication)

(2) Any custom or usage prevailing in any
Hindu community such as the Bogum, Kalavanthula,
Sam, Nagavasulu, Devadasi and Kurmapulu, that a
woman of that community who gives or t^kes part in
any melam (nautch), dancing or music performance in
the course of any procession or otherwise is thereby
regarded as having adopted a life of prostitution and
becomes incapable of entering into a valid marriage
and the performance of any ceremony or act in
accordance with any such custom or usage, whether
before or after the commencement of this Act and
whether the woman concerned has consented to such
performance or not, are hereby declared unlawful
and void.

(3) Dancing by a woman, with or without
kumbhaharathy , in the precincts of any temple or other
religious institution, or in any procession of a Hindu
deity, idol or object of worship installed in 'any such
temple or institution or at any festival or ceremony
held in respect of such a deity, idol or object of
worship, J[ j is hereby

declared unlawful.

1 1* * * * t * *

4. (1 ) Any person having attained the age of Penalty,
sixteen years who after the commencement of this
Act performs, permits, takes part in, or abets the per-
formance of any ceremony or act for dedicating a
woman as a devadasi or any ceremony or act of the
nature referred to in section 3, sub-sectSon (2), shall

l So far as the added territories are concerned the words “or
in any marriage procession or other procession taken out in
public streets” and the Explanation were omitted by section 4
of, and the Second Schedule to, the Tamil Nadu' (Added Terri-
tories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of 1962).

- 125-14 — 64a

, ^'4^ -iH 'fi '

Devadasis {Prevention [1947 2 T.N. Act XXXI •. Jf

o/“ Dedication)

be punishable with simple imprisonment for a term
which may extend to six months or with fine which
may extend to five hundred rupees, or with both.

Explanation.—* The person referred to in this sec-
tion shall include the woman in respect of whom
such ceremony or act is performed.

(2) Any person having attained the age of six-
teen years who dances in contravention of the pro-
visions of section 3, sub-section (3), or who abets
dancing in contravention of the said provisions, shall
be punishable with simple imprisonment for a term
which may extend to six months or with fine which
may extend to five hundred rupees, or with both.

5. No Court inferior to that of a Presidency
Magistrate* or a Magistrate of the First Class* shall
inquire into or try any offence punishable under
section 4.

* According to clauses (a) and (c) of sub-section (3) of section 3

. < i r « * ■ i n _ ' 4 . — 1 a — a. T 1 \

of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
which came into force on the 1st April 1974, any reference to a

which came into force on the 1st April 1974, any reference to a
Magistrate of the first class shall be construed as a reference to a
Judicial Magistrate of the first class and any reference to a Presi-
dency Magistrate shall be construed as a reference to a Metro-
politan Magistrate,